cannabisnews.com: S.D. Family Seeks The Right To Grow Hemp
S.D. Family Seeks The Right To Grow Hemp
Posted by CN Staff on December 12, 2005 at 13:35:40 PT
By Betsy Taylor, Associated Press
Source: Associated Press
St. Louis -- Members of a family say they were growing hemp, not marijuana, on the Pine Ridge Indian Reservation in South Dakota and asked federal appeals judges Monday to return the matter to a lower court to consider the legality of their crop.The White Plume family tried three times to grow an industrial hemp crop on Oglala Sioux reservation land from 2000 to 2002, only to have the plants seized and destroyed by the federal government. The family was later ordered by a judge to halt the plantings permanently.
"Our contention is we're not growing a drug, and since we're not growing a drug, we don't need to apply to the government for permission," said lawyer Bruce Ellison, who represents brothers Alex and Percy White Plume.A lawyer for the government said the family could have applied to the Drug Enforcement Agency to seek permission to grow the crop. Without that permission, the plantings could not be allowed, said Assistant U.S. Attorney Mark Salter."Until and unless someone changes the definition of marijuana, it's marijuana," Salter said. The White Plumes have not been criminally charged.Ellison said hemp and marijuana are two different varieties of the same plant. The hemp planted by the White Plume family had less than 1 percent of the psychoactive ingredient, tetrahydrocannibol, or THC, court records said. Marijuana usually has THC levels of 5 percent or higher, according to those records.Telling the judges he used hemp soap and shampoo during his morning shower and wrote on paper made from hemp fibers, Ellison argued that oil and fibers from industrial hemp plantings could provide a significant source of income to subsistence farmers on the reservation. Such products, made with imported hemp, are legal in the U.S.A lawyer representing Delaware-based Tierra Madre and the Kentucky-based Madison Hemp and Flax Company said the White Plumes' hemp was part of a project to grow and process hemp on the reservation to create building materials for a structure for a tribal elder.Attorney David Frankel said the government likely would have required barbed wire fences, sensors and a safe to hold the seeds if the White Plumes had sought a permit. "While there is a process technically, in this case, it's to no avail," he said.Ellison said he knew of no instance where the DEA granted a commercial hemp farming permit. And he said by treaty and tribal law, the White Plumes had the right to grow hemp without a DEA permit.Not so, according to Salter, who said the Fort Laramie Treaty of 1868 set a number of provisions to encourage American Indian farming but does not speak to the growing of hemp."No where in there does it say signatory tribes have the right to grow whatever they want on that land," Salter said.After the hearing, Alex and Percy's younger sister, Ramona, 44, said the family planted the crop for use in products like paper. She didn't think industrial hemp plantings would open the door to make it easier to plant marijuana, saying any plant's THC levels could be tested to make sure the plant was hemp rather than marijuana."We want to create jobs for our youth, and a better future for them," she said.The judges did not set a date for their ruling, and it can be several weeks to months before their determination is made.On the Net:Eighth Circuit U.S. Court of Appeals: http://www.ca8.uscourts.gov/index.html Source: Associated Press (Wire)Author: Betsy Taylor, Associated PressPublished: December 12, 2005Copyright: 2005 The Associated Press Related Articles:White Plumes Relinquish Hemp Crophttp://cannabisnews.com/news/thread10616.shtmlHemp Grower Defiant After Crop Takenhttp://cannabisnews.com/news/thread10524.shtml
Home Comment Email Register Recent Comments Help
Comment #7 posted by FoM on December 16, 2005 at 14:03:16 PT
News Article from U.S. Newswire
Federal Judge Calls DEA's Views on Hemp Farming 'Asinine' in Case over Industrial Hemp & Tribal Sovereignty***December 16, 2005Contact: David Frankel, 808-870-0990; Alex White Plume, 605-455-1142 ST. LOUIS, Dec. 16 /U.S. Newswire/ -- On Monday, Dec. 12, lawyers Bruce Ellison and David Frankel representing Alex White Plume and his family of the Lakota Nation who live on the Pine Ridge Reservation, made oral arguments in the Eighth Circuit U.S. Court of Appeals in front of a three judge panel to reverse efforts by the U.S. Drug Enforcement Administration (DEA) to place an injunction preventing the White Plumes from growing industrial hemp. In what has been deemed a sovereignty case that is very uniquely framed, the White Plumes planted industrial hemp on their family land for three seasons only to have it cut down and confiscated by DEA agents. During the oral arguments it became clear that Judge Kermit Bye and Judge Arlen Beam were focused on two issues: (1) the irrationality of allowing the exempt parts of the plant to be imported into the U.S. but not allowing industrial hemp to be grown in the U.S. and (2) the lack of any rational permitting process by the DEA. While the Government's case was made, Judge Beam commented, "It seems asinine to me that they can bring in the Canadian stuff and use it but can't grow it." Beam also suggested that it did not make sense that Congress would try to make the economy of Native American tribes more enhanced by casino gambling but not allow industrial hemp cultivation.The White Plumes assert their right to raise non-psychoactive industrial hemp as an exercise of their sovereign rights pursuant to an Oglala Sioux Tribal ordinance enacted to secure rights guaranteed by the Treaties of 1868 and 1851 signed between the Lakota Nation and the U.S. Nevertheless, the U.S. government maintains that its' asserted "trust responsibility" gives it the final authority to decide appropriate uses of reservation lands.The federal government filed a civil suit against the White Plumes in U.S. District Court in South Dakota despite the fact that the Lakota were growing hemp for seed and fiber when they entered into the treaties with the U.S. government and that industrial hemp is legally imported to the U.S. from dozens of countries to feed the explosive US and global demand for nutritious omega-3 rich hemp foods and ecological hemp fiber products. The DEA sought a permanent injunction to prevent the White Plumes from growing industrial hemp without federal permission because the DEA has placed a de facto ban on non-psychoactive industrial hemp farming in the U.S. by treating it as if the crop were the same as drug/medical marijuana. Late last December, the court granted the government's motion for summary judgment which led to the appeal to the Eighth Circuit Court of Appeals. "The District Court completely ignored relevant Indian law, the treaties, the Constitution and the significance of the Myerle Papers when they granted the government's motion for summary judgment," says David Frankel, attorney and Vote Hemp board member. "Because federal Indian law allows tribes to continue doing something today that they were doing at the time they signed treaties with the U.S. government, the Lakota have an excellent chance at reversal," says Ken Friedman, local counsel for the Hemp Industries Association and Vote Hemp who submitted their amicus brief in the White Plume case.A decision in the case is expected in 2006. To read about the White Plume case and download the Vote Hemp and Hemp Industries Association amicus brief, please visit: http://votehemp.com/legal_cases_WP.htmlFor more information on industrial hemp, please visit http://www.votehemp.com , the Web site of Vote Hemp, a non-profit organization dedicated to the acceptance of industrial hemp.Copyright: 2005 U.S. Newswire Link: http://tinyurl.com/ahpg9
[ Post Comment ]
Comment #6 posted by ekim on December 13, 2005 at 12:12:31 PT
"Hemp and the Rule of Law,"
US NC: OPED: Hemp And The Rule Of LawURL: http://www.mapinc.org/drugnews/v05.n1950.a08.html
Newshawk: chip
Votes: 0
Pubdate: Wed, 07 Dec 2005
Source: Smoky Mountain News (NC)
Copyright: 2005 Smoky Mountain News
Contact: info smokymountainnews.com
Website: http://www.smokymountainnews.com/
Details: http://www.mapinc.org/media/2714
Author: Gary Carden
Bookmark: http://www.mapinc.org/hemp.htm (Hemp)HEMP AND THE RULE OF LAW It looks like the old adage "necessity is the mother of invention" may bear fruit ( or gas ) when it is applied to our current energy crisis. In fact, one "alternate energy" source is already generating considerable interest in Canada, North Dakota and North Carolina. "It could end our dependence on fossil fuel," said Jack Herer, author of the book, The Emperor Has No Clothes. "It could be enough to run America virtually without oil." We are talking about hemp, a plant originally grown throughout the world for its strong fiber. Its cultivation has been prohibited in the United States since 1937 due to its resemblance to marijuana -- a resemblance that Herer says has led to the erroneous belief that the plant is a narcotic. At least, the non-toxic strain that is currently being cultivated in Canada doesn't contain enough THC to produce a high. A growing number of North Carolina tobacco farmers see hemp cultivation as a means of replacing the revenue that they have lost. That is, if they are allowed to grow it. At the present time there is a healthy movement to legalize hemp. Naturally, our state's politicians are cautious since the movement could be interpreted as the first step in legalizing marijuana. This controversy has attracted the attention of filmmaker Kevin Balling at Appalachian State University. Working around his schedule as a video production teacher, Balling has produced a documentary film that may have an impact on agricultural policy. At the present time, the film, "Hemp and the Rule of Law," is available to any group that is willing to make a donation to votehemp.com, a crop advocacy organization.
http://www.votehemp.com
[ Post Comment ]
Comment #5 posted by mayan on December 12, 2005 at 18:04:42 PT
He Cites A Treaty!!!
Not so, according to Salter, who said the Fort Laramie Treaty of 1868 set a number of provisions to encourage American Indian farming but does not speak to the growing of hemp.The U.S. government has honored every treaty with the American Indians. Right. Wouldn't want to be the prohibitionists when karma and judgement come around.
[ Post Comment ]
Comment #4 posted by Toker00 on December 12, 2005 at 16:21:00 PT
dammadd
Dumb-Ass Moms Mindless As Dumb-ass Dads. These people are completely clueless about spirituality. Man's Laws Kill. Natural Laws Heal. Just ask the Christ. You know. The Way to Live. The Truth. The Light (ENLIGHTENMENT). No where does Christ suggest creating a religion or a society in his name that ignores God's Laws, or Natural Law.(Modern Christianity? Oh Please!) (please use your own interpretation of God, Christ or Higher Power here) I am not religious, but I use the teachings of philosophers like Christ to help me understand my own journey. I don't think Christ meant he would return bodily to the earth, but that a rebirth of the Way, Truth, and Light that he taught about, will enlighten the people of the earth once again on a grander scale than even He did. It will be in preparation of what comes after. That may be us being rescued from a tumultuous earth by aliens, or simply our new responsibility of influencing the survivors of our global holocaust so that no wars will ever be fought again on earth, and all Selfishness, Pain, and Suffering done away with by the power of Love, Acceptance, Understanding and total co-operation of Humanity, and the obedience of Natural Law, if the earth continues to support us. What ever turns out to be true is what this "Christ" and others are preparing us for. One thing is for certain, and I think we all feel it. The Powers that Be and Shouldn't, soon Won't Be. You don't have to look at this from a Christian perspective. Most all Religions predict an ultimate culmination of Man. 2012 will be an interesting year to watch unfold. We've been told things will happen that will cause someone not strong in spirit to collapse from a heart attack. We are warned not to be Drunk when He returns. And, we have been told to always be suspicious of Man's Laws. Even the Saints shall be deceived the Bible says. Some of those who really believe they will see God, will see something totally different, I believe. We are also told that the "Mystery" of God will be revealed at this end time. So I kinda figure SOMETHING is gonna happen, and soon, folks. Most people have conformed rather obediently to Man's Laws. All of us to some degree or other. But there are those who hear and follow a different set of rules. They are not thinking about creating more IDOLS and Material Things. They are not thinking of obtaining great power and wealth for their own selves. They are thinking of feeding, clothing, sheltering, teaching, healing, and loving the people of the Earth. They are not thinking about the Grand Buildings, or Machines, or Mansions, or Gadgets, or incredibly Selfish Yearnings. They are thinking of dismantling creations of Greed, and building a world for Sharing.At least this is what my Bud just told me. : )Wage peace on war. END CANNABIS PROHIBITION NOW!
[ Post Comment ]
Comment #3 posted by dongenero on December 12, 2005 at 15:48:59 PT
sorosmonitor.com
I was checking out the web link from below; sorosmonitor.comThere's a rabid bunch. I feel sorry for anyone who loses a child to drug overdose or to whatever. It is sad.The problem is not cannabis however. And the problem is certainly not Soros either, although when your demon has a face it is easier to hate. They say a lot of things about him but, no mention of the millions of dollars and strings he has pulled to promote freedom and democracy around the world.Well, some people want more protection and mothering than freedom and democracy.
[ Post Comment ]
Comment #2 posted by FoM on December 12, 2005 at 14:51:17 PT
Press Release from DAMMADD
National Drug Prevention Organization Calls on Rhode Island Families to Sign Petition***Contact: Steven Steiner of DAMMADD, 607-687-4151 ext. 100 PROVIDENCE, R.I., Dec. 12 /U.S. Newswire/ -- The following statement regarding a petition to stop the legalization of marijuana in Rhode Island was released today by DAMMADD (Dads And Mad Moms Against Drug Dealers):DAMMADD is calling on Rhode Island families to sign a petition to help stop the crude-marijuana-as-medicine lie. Marijuana Policy Project and the Drug Policy Alliance, funded by Peter Lewis and George Soros, have spent over $50 million since 1996 to legalize drugs and soften drug laws.In regards to legalizing marijuana in the '60s and '70s, these groups and their members are calling for outright legalization. After losing the public opinion battle, they have changed their strategy by calling it compassionate medicine. According to Steven Steiner, founder and executive director of DAMMADD, "we have hundreds of hours of video tape that were donated to our organization by the late Otto Moulton's Estate that clearly shows their new strategy to mislead the American people." Steiner invites the public and law makers to watch the video that exposes the legalization movement and the Web site that shows how the money is being spent to buy public policy. By signing this petition, a clear message is being sent to the Rhode Island Assembly Members by their constituents not to override the governor's veto.To view the petition, go to http://ga1.org/campaign/MPP --- DAMMADD (Dads and Mad Moms Against Drug Dealers) is a grass- roots organization dedicated to helping fight drug dealers. The organization partners with other anti-drug abuse organizations throughout the U.S. in the fight against the illegal drug trade, and works nationwide to promote drug-free schools. Additional information about DAMMADD can be found at http://www.dammadd.orgRelated Links: http://www.dammadd.orghttp://www.sorosmonitor.com http://www.sorosmonitor.com/medical_access.wmv ---http://www.usnewswire.com/
Copyright: 2005 U.S. Newswire
[ Post Comment ]
Comment #1 posted by FoM on December 12, 2005 at 14:05:21 PT
Press Release from PRNewswire
Hemptown Clothing and Serum vs. Venom Team Up To Promote Natural Fabrics
*** VANCOUVER, Dec. 12 /PRNewswire-FirstCall/ - Hemptown Clothing Inc. announced today it is supplying alternative textiles to Serum Versus Venom(TM)(SVSV) and Triple Five Soul for their newest fashion lines. The New York City and Los Angeles based brands will use Bamboo and Soy for their cutting-edge street inspired apparel.Complete Article: http://tinyurl.com/8gcnz
[ Post Comment ]
Post Comment